12 Secrets to Winning a Florida Disability Claim
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12 Secrets to Winning a Disability Claim
There are a number of steps to winning a disability claim, and not all of
them are obvious. Attorney Jeffrey Hensley shares his secrets
PALM HARBOR, Fla. (May 29, 2007) - If a person is disabled because of an illness
or injury, the process of collecting a claim from the insurance company may not
be as straightforward and simple as one might think, according to Atttorney
Jeffrey Hensley.
Disability insurance companies indicate they will stand by their customers in
difficult times, but the truth can be very different, Hensley said.
"Unfortunately, that is seldom the case," Hensley said. "Insurance companies
simply hate to settle claims, and many will reject claims as an automatic first
step, hoping the insured party will simply give up and go away."
To have a successful outcome, Hensley said, claims should be pursued with
determination, and with the right kind of representation.
Hensley said he has 12 "secrets" that he considers to be important in the
successful pursuit of a disability claim. Follow these steps, he says, and the
chances of success increase enormously:
Secret #1: Recognize the problem (disability) when it arises.
People don't have to be catastrophically injured or terminally ill to collect.
Many policies provide money for partial disability. People should look for such
things as loss of productivity, loss of income or the inability to perform the
material and substantial duties of one's occupation.
Secret #2: Give the insurance company notice of claim as early
as possible. Late notice could result in a substantial loss of monthly benefits.
Secret #3: Use multiple witnesses to identify the material and
substantial occupational duties -- someone such as a colleague or a vocational
evaluation expert. The insurance company or jury must clearly understand the
important occupational duties. Make sure witnesses identify and verify the
duties of one's position.
Secret #4: Identify and focus on the material and substantial
duties that can't be performed due to physical or mental limitations. Once the
insurance company or jury understands the occupation's requirements, it must
understand what duties cannot be performed due to the disability.
Secret #5: Document the loss of productivity with business
records or even appointment calendars. The court looks for proof of the
disability. Since memories often fade, it is important to present a case based
on something other than one's memory. Written records, such as an appointment
calendar -- and even a daily journal -- greatly increase credibility and give
the jury the support it needs.
Secret #6: Use business records and income tax returns to
document loss of earnings based on loss of production. The bigger the loss, the
more likely the jury will recognize the disability.
Secret #7: Use past medical records to demonstrate the
disability's onset and progression. Medical records provide accurate snapshots
of symptoms and conditions. The better the doctor's documentation, the better
the chances for a favorable jury decision.
Secret #8: Maintain a regular schedule of medical treatment.
Avoid lapses in treatment to occur. When insurance companies see lapses, they
are likely to suggest that no real disability exists. Insurance carriers may
suspend benefits in the absence of ongoing medical treatment.
Secret #9: Identify and focus upon the physical limitations
giving rise to the disability. The treating physician should understand and
support the claim, since juries rely heavily on the doctor's evaluation and
assessment. If the doctor does not support the claim, it may be time for a
different doctor.
Secret #10: If the jury rules against the disability, there may
be grounds for appeal. Simply getting a bad result at trial is not grounds for
an appeal, but there may be a chance of reversible error -- an error so
significant that the judgment must be reversed by the appellate court. That
amounts to grounds for an appeal.
Secret #11: A loss in court does not prevent the filing of a
new claim. Disability is a month by month contractual benefit. As medical
conditions change, a new claim may be appropriate.
Secret #12: If an insurance company has acted in bad faith,
that may open the door to additional money damages.
Jeffrey Hensley is one of the most established and respected attorneys in the
Tampa Bay area. He strives to be a leader in the fields of law in which he
practices. His support staff is among the most professional of any law firm in
Florida. To learn more about Jeffrey Hensley and his law practice, visit
www.hensleylaw.com.
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The personal injury information offered by Palm Harbor, Florida personal injury Lawyer and contained herein, regarding Palm Harbor, Florida personal injury statutes and Palm Harbor, Florida personal injury claimants' rights, is general in scope. NoPalm Harbor, Florida personal injury attorney / client relationship with our Palm Harbor, Florida personal injury attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Palm Harbor, Florida personal injury lawyer regarding your specific inquiry.
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